Memorandum of Appeal, Revision, Review, and Reference

Introduction:

What is filed by an appellant in an appeal is called a memorandum. It contains details such as name of court, authority, tribunal, name of the respective parties, insights of the judgment of the court, and the grounds upon which the decision is challenged. All of these form the memorandum of appeal.

Memorandum of Appeal

The appeal memorandum shall concisely set out and under separate headings, without argument nor narrative grounds the grounds of opposition to the decree appealed from and shall be numbered consecutively with those grounds. (Rule 1 C.P.C. Order XUI.) The Rule 1 memorandum of the judgment on which it has been based shall, in compliance with order XLI, be followed by a copy of the decree appealed, and unless it is exempted by an appeal court. Copying means a copy that is certified. This is a mandatory condition because the appeal is incompetent without having secured a certified copy of the decree. And it’s faulty. But if the case so requires, even without a copy of the decree attached, the Court has the authority to consider the appeal as competent and maintainable.[1]

The word appeal means a higher court’s judicial review of the lower court’s judgment, while the memo of appeal includes the reasons for the appeal[2]. In civil cases, an appeal is made to prove the accuracy of the disputed ruling through withdrawing a petition from a lower or inferior tribunal or forum. In general, a complaint to a higher forum is based on the fact that the ruling of a lower court is incorrect and may thus be changed or remedied. There is a fundamental contrast between the right to sue and the right to appeal. In any city there is an inherent right to bring a civil case and, unless the case is forbidden by laws, you can bring your option at your peril. However, the argument that the statute does not guarantee such a right to prosecute is unfrivolous. A lawsuit is not needed for its maintenance, and it is necessary not to have a statute prohibiting the lawsuit.

However, the optimistic outlook is the opposite of the appeal. No one inherits the right to appeal and must therefore have the clear legal authority to appeal for its continuance. That is why a statute creature is defined as the right of appeal. According to the code of civil procedure, the appeal is against a decree or order passed under laws from which order XLIII, Rule 1, specifically permits an appeal. There can be no appeal against a mere conclusion simply because it is not covered in the code and if it goes against a simple conclusion recorded by the Court of Justice, it can not be upheld.[3] The right to appeal is not a fundamental right or a guaranteed right. The Constitution includes nothing that can even remotely confer such inalienable rights on individuals. The right to appeal is neither a constitutional nor a human right. The fact that the right of appeal is the creature of its existence has been repeatedly held.

The creator who confers this right on the legislature may, if necessary, withdraw the same thing. Therefore, it naturally follows that if the entire right can be withdrawn it can also be impaired, regulated, or burdened with either costly or otherwise conditions. Grounds for appeal: The declaration of motifs on which the appellant intends to justify the appeal should be a memorandum of appeal. The court is informed of the request to urge the appellant on behalf of certain particular grounds and also to inform the respondent that the claimant should be able to meet the particular grounds. To promote swift and thus inexpensive administration of justice the parties and their legal advisers should focus their attention on the critical feature of cases.[4]

A memorandum of appeal consists of:

• A formal part
• A material part

The following must be included in the formal part:

1. Case Heading: This should start with the Court’s name and should give the names and addresses of the parties to the appeal. The appellant’s name should be written first.
2. The appellant’s preliminary state: The particulars of the decree or order from which appeal is made must be given in this statement.
3. Valuation of the appeal: The memorandum’s value should also be mentioned.

The material part should contain the grounds of appeal.

Grounds of appeal: The grounds on which the judgment of the court is challenged are called the grounds of appeal.

1. Appeal reasons or complaints should be directly and explicitly written.
2. Their written form should be short.
3. Their narrative or conversation form must not be framed.

Revision

Section 115 of the Code of Civil Procedure authorizes A Superior Court to perform a revision in some conditions in any case determined by the Superior Court. This authority is referred to as the High Court’s revision jurisdiction. Revision means the revision, in particular, essential or careful analysis or supervision to correct or strengthen it. This revisional competence has been bestowed on the High Court, according to Article 115, for the effective exercise of its superintending and visiting powers over subordinate courts; the powers granted are limited to maintaining subordinate courts under the bonds of their jurisdiction. Section 115 authorizes the High Court on three questions: (i) the competence of the order of the subordinate court. (ii) The case is one in which the court should exert the competence of the court; (iii) that it has not been acting unlawfully in the exercise of its jurisdiction; that is, in violation of any provisions of the law or with procedural irregularities, that is, by committing an error of procedure which could have affected a final decision in the course of the proceedings.

Review

A review involves updating, reviewing, or re-checking. In a legal sense, the same court and the same Judge re-examine the case. When the judgment is passed, it becomes functus officio in accordance with the general concept of law. The powers of appeal that allow an appellate court to allow any errors committed by a subordinate tribunal must not be confused with the power of review. In the application for review, greater consideration, severity, and caution should be given as it would be not fair for the court to deal with the same case twice with the same party and would raise the case’s backlog over the court. The modification of a judgment may be ordered by an individual aggressor under an order or decree.

Whoever has an aggravated person is interpreted to mean who has an actual case that an order has been made that harms his interests. However, the definition, intent, and provisions “person aggravated” differs in relation to the meaning, purpose, and provisions of the statute. The remedy for appeal was taken from the Court of Equity and was reconsidered by both the same Court and the same judge. This solution is quite close to the error writing. The correction of order arises from the universal concept of justice. It is done to remove errors and to not interrupt the endpoint.

A review can be made when there is the discovery of new and important evidence, if there is a mistake or error, or if there is any other sufficient reason.

If an offensive party has no right to appeal, he may make a request for an investigation. If a call is refused because it is incompetent or time-limited, it is attracted by the terms of the review.

Reference

The subordinate court can decide a case under section 113 of the Code of Civil Procedure and refer it to the opinion of the High Court. The phrase “tribunal” anywhere it appears in the code implies a Court of Public Judicature. The reference may only be made by a Court, but not by the appointed individual. Such an opinion is sought if the code itself feels any doubt as to the law issue. A reference may only be made by a court if a question of law remains in reasonable doubt or if the law is ultra vires, it is of the opinion. The High Court must deal with needless observations when the reference is disposed of with no legal impact that is rendered fruitless and superfluous yet discretionary. In non-appealable cases it is intended to allow subordinate courts, in the absence of a question of law, to obtain a judgment of the High Court, thus preventing the commission of an error that could be corrected later.

If all the following conditions have been fulfilled, the Court is obliged, in compliance with this condition, to refer its opinion and its release to the High Court.

A dispute arises before the court of law as to the validity of any law, decree or rule, or clause therein.

1. In the judgment of the Decision, the Court is null or inoperative.
2. The High Court to which the Court is subordinate or the Supreme Court has not so far declared it unconstitutional.
3. For the disposal of the case, the determination of its validity is required.

Conclusion

The presence of the Constitution allows for the preservation of justice that is vital to any society in a democracy. The democratic values have been safeguarded by the review clauses.

During the execution of verdicts, the provisions were used by appellant courts. The concept behind review is to safeguard the holiness of complete justice and protect the individual’s rights by means of the legal process which dominates the Indian Republic. Review not only safeguards the individual’s right but also the integrity and guarantees that justice is not miscarried. Justice vs judiciary has been a matter of controversy for hundreds of years, but the revision mechanism serves as an intangible bridge and harmonizes the two by the correct law procedure. It eliminates the risk of human error when passing decisions and guarantees that the law respects each individual’s rights.

Revision, on the other hand, the High Court has the power to ensure, within its jurisdiction and with respect to law, that the proceedings of subordinate courts are carried out. The Court requires the High Court to rectify and provides for the correction of a non-appellable order to an aggressor party and the mistakes in jurisdiction made by subordinate courts. In other terms, the High Court is given revisional jurisdiction in order to exercise its supervision and visiting powers effectively.

Appeal, while ensuring the litigants obtain justice under the law while resolving a specific conflict and appeal also assists in setting down rules of judgment that are binding on all lower court in the judiciary system, thus ensuring that all parties, whose acts bring them under the rule of law, receive consistent treatment and some certainty.

---

References:

[1] Phool Chand V. Gopal Lal, AIR 1967 SG 1470

[2] Lakshmi Ratan Engineering Works, Ltd. V. Asst. Commissioner of sales Tax, AIR 1968 SC 488

[3] Gangabai V. Vijay Kumar AIR 1974 SC 1126

[4] Kapil Deo Shukla V. state of Uttar Pradesh, 1958 SC R 640